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20 ILCS 2405/12a
(20 ILCS 2405/12a)
(from Ch. 23, par. 3443a)
Centers for independent living.
(a) Purpose. Recognizing that persons with
significant disabilities deserve a
high quality of life within their communities regardless of their
disabilities, the Statewide Independent Living
Council shall develop a State Plan for Independent Living for approval by the Department and subsequent submission to the Administrator based on federally prescribed timeframes. The Department shall adopt rules for implementing the State
Plan for Independent Living in accordance with the federal Act, including rules adopted under the
federal Act governing the award of grants.
(b) Definitions. As used in this Section, unless the context clearly
"Administrator" means the Administrator of the Administration for Community Living in the United States Department of Health and Human Services.
"Center for independent living" means a consumer controlled, community based,
cross-disability, non-residential, private non-profit agency that is designated
and operated within a local community by individuals with disabilities and
provides an array of independent living services.
"Consumer controlled" means that the center for independent living vests
power and authority in individuals with disabilities
and that at least 51% of the directors of the center are persons with one or
more disabilities as defined by this Act.
"Council" means the Statewide Independent Living Council appointed under
"Federal Act" means the federal Rehabilitation Act of 1973, as amended.
"Individual with a disability" means any individual who has a physical or
mental impairment that substantially limits a major life activity, has a record
of such an impairment, or is regarded as having such an impairment.
"Individual with a
significant disability" means an individual with a significant
physical or mental impairment, whose ability to function independently in the
family or community or whose ability to obtain, maintain, or advance in
employment is substantially limited and for whom the delivery of independent
living services will improve the ability to function, continue functioning, or
move toward functioning independently in the family or community or to continue
"State Plan for Independent Living" means the materials submitted by the Statewide Independent Living Council, after receiving the approval of the Department, to the Administrator based on federally prescribed timeframes that contain the State's proposal for:
(1) The provision of statewide independent living
(2) The development and support of a statewide
network of centers for independent living.
(3) Working relationships between (i) programs
providing independent living services and independent living centers and (ii) the vocational rehabilitation program administered by the Department under the federal Act and other programs providing services for individuals with disabilities.
(c) Authority. The unit of the Department headed by the Director, or his or her designee, shall be designated the State unit under
Title VII of the federal Act and shall have the following responsibilities:
(1) To receive, account for, and disburse funds
received by the State under the federal Act based on the State Plan for Independent Living.
(2) To provide administrative support services to
centers for independent living programs.
(3) To keep records, and take such actions with
respect to those records, as the Administrator finds to be necessary with respect to the programs.
(4) To submit additional information or provide
assurances the Administrator may require with respect to the programs.
The Chairperson of the Council
is responsible for developing the State Plan for Independent Living required by
Section 704 of the federal Act. The Director, or his or her designee, is responsible for approving the State Plan for Independent Living prior to its submission to the Administrator. The State Plan for Independent Living shall conform to the
requirements of Section 704 of the federal Act.
(d) Statewide Independent Living Council.
The Governor shall appoint a Statewide Independent Living Council, comprised
of 18 members, which shall be established as an entity separate and distinct
from the Department. The composition of the Council shall
include the following:
(1) At least one director of a center for independent
living chosen by the directors of centers for independent living within the State.
(2) A representative from the unit of the Department
of Human Services responsible for the administration of the vocational rehabilitation program and a representative from another unit in the Department of Human Services that provides services for individuals with disabilities and a representative each from the Department on Aging, the State Board of Education, and the Department of Children and Family Services, all as ex officio, nonvoting members who shall not be counted in the 18 members appointed by the Governor.
In addition, the Council may include the following:
(A) One or more representatives of centers for
(B) One or more parents or guardians of individuals
(C) One or more advocates for individuals with
(D) One or more representatives of private business.
(E) One or more representatives of organizations that
provide services for individuals with disabilities.
(F) Other appropriate individuals.
After soliciting recommendations from organizations representing a broad
range of individuals
with disabilities and organizations interested in individuals with
disabilities, the Governor shall appoint members of the Council for terms
beginning July 1, 1993. The Council shall be composed of members (i) who
statewide representation; (ii) who represent a broad range of individuals with
disabilities from diverse backgrounds;
(iii) who are knowledgeable about centers for independent living
and independent living services; and (iv) a majority of whom are persons who
are individuals with disabilities and are not employed by any State agency or
center for independent living.
The council shall elect a chairperson from among its voting membership.
Each member of the Council shall serve for terms of 3 years, except that (i)
a member appointed to fill a vacancy occurring before the expiration of the
term for which the predecessor was appointed shall be appointed for the
remainder of that term and (ii) terms of the members initially appointed after
the effective date of this amendatory Act of 1993 shall be as follows: 6 of
the initial members shall be appointed for terms of one year, 6 shall be
appointed for terms of 2 years, and 6 shall be appointed for terms of 3 years.
No member of the council may serve more than 2 consecutive full terms.
Appointments to fill vacancies in unexpired terms and new terms shall be
filled by the Governor or by the Council if the Governor delegates that power
to the Council by executive order. The vacancy shall not affect the
power of the remaining members to execute the powers and duties of the
Council. The Council shall have the duties enumerated in subsections (c),
(d), and (e) of Section 705 of the federal Act.
Members shall be reimbursed for their actual expenses incurred in the
performance of their duties, including expenses for travel, child care, and
personal assistance services, and a member who is not employed or who must
forfeit wages from other employment shall be paid reasonable compensation for
each day the member is engaged in performing the duties of the Council. The
reimbursement or compensation shall be paid from moneys made available to the
Department under Part B of Title VII of the federal Act.
(e) Grants to centers for independent living. Each center for independent
living that receives assistance from the Department under this Section shall
comply with the standards and provide and comply with the assurances that are
set forth in the State
plan and consistent with Section 725 of the federal Act. Each center for
independent living receiving financial assistance from the Department shall
provide satisfactory assurances at the time and in the manner the Director, or his or her designee, requires. Centers for independent living receiving financial assistance from the Department shall comply with grant making provisions outlined in State and federal law, and with the requirements of their respective grant contracts.
Beginning October 1, 1994, the Director, or his or her designee, may
award grants to any eligible center for independent living that is receiving
funds under Title VII of the federal Act, unless the Director, or his or her designee, makes a finding that the center for independent living fails to
comply with the standards and assurances set forth in Section 725 of the
If there is no center for independent living serving a region of the State or
the region is underserved, and the State receives a federal increase in its
allotment sufficient to support one or more additional centers for independent
living in the State, the Director, or his or her designee, may award a
grant under this subsection to
one or more eligible agencies, consistent with the provisions of the State plan
setting forth the design of the State for establishing a statewide network for
centers for independent living.
In selecting from among eligible agencies in awarding a grant under this
subsection for a new center for independent living, the Director, or his or her designee, and the
chairperson of (or other individual designated by) the Council acting on behalf
of and at the direction of the Council shall jointly appoint a peer review
committee that shall rank applications in accordance with the standards and
assurances set forth in Section 725 of the federal Act and criteria jointly
established by the Director, or his or her designee,
and the chairperson or designated individual. The
peer review committee shall consider the ability of the applicant to operate a
center for independent living and shall recommend an applicant to receive a
grant under this subsection based on the following:
(1) Evidence of the need for a center for independent
living, consistent with the State plan.
(2) Any past performance of the applicant in
providing services comparable to independent living services.
(3) The applicant's plan for complying with, or
demonstrated success in complying with, the standards and assurances set forth in Section 725 of the federal Act.
(4) The quality of key personnel of the applicant and
the involvement of individuals with significant disabilities by the applicant.
(5) The budgets and cost effectiveness of the
(6) The evaluation plan of the applicant.
(7) The ability of the applicant to carry out the
The Director, or his or her designee, shall award the grant on the
basis of the recommendation of the peer review committee if the actions of the
committee are consistent with federal and State law.
(f) Evaluation and review. The Director, or his or her designee,
shall periodically review each center for independent living that receives
funds from the Department under Title VII of the federal Act, or moneys
appropriated from the General Revenue Fund, to determine whether the center is
in compliance with the standards and assurances set forth in Section 725 of the
federal Act, other applicable State and federal laws, and the provisions of the grant contract. If the Director, or his or her designee, determines that
any center receiving those federal or State funds is not in compliance, the Director, or his or her designee, shall immediately notify the center that it is out
of compliance. The Director, or his or her designee, shall recommend to the Secretary, or his or her designee, that all funding to that center be terminated 90 days after the date of notification or, in the case of
a center that requests an appeal, the date of any final decision, unless the
center submits a plan to achieve compliance within 90 days and that plan is
approved by the Director, or his or her designee, or (if on appeal) by
the Secretary, or his or her designee.
(Source: P.A. 102-264, eff. 8-6-21.)